Problem issues of administrative and legal regulation of the cement industry during the effect of martial status

Issue: № 1, 2025

Doi: https://doi.org/10.37634/efp.2025.1.4

The paper reveals the problematic issues of administrative and legal regulation of the cement industry under the conditions of martial law in Ukraine, which was introduced on February 24, 2022 by Decree of the President of Ukraine No. 64/2022 [1], which is extended by the relevant Decree every 3 months. The introduction of martial law in Ukraine has become an unprecedented challenge for the entire state, including the economic sector of the country's industry, including the strategically important cement industry, which provides the material basis for the strategic construction of fortifications, the restoration of infrastructure and the implementation of critically important construction projects. The relevance of the research is that in the conditions of martial law, the administrative and legal regulation of the cement industry gained special importance, since the need to adapt the regulatory framework to extraordinary circumstances is a key factor in stabilizing the industry and creating prerequisites for its development. After all, during the martial law, the cement industry is a critically important area of industry, the absence of which will have a significant negative impact on Ukraine's defense capability, and will provoke the need to import cement from other countries. Importing cement into Ukraine is one of the ways to meet the needs of the building materials market, including cement products, which has its own advantages and disadvantages. Of course, it is precisely the shortcomings of cement imports into Ukraine that can lead to problematic issues in the cement industry, the main shortcomings are: dependence on foreign companies, rising prices of cement, lack of influence on terms and delivery dates, quality control, etc. Therefore, it is necessary to preserve the cement industry by any means, despite the problematic issues that threaten it during the period of military operations on the territory of Ukraine. The war significantly affected the conditions of activity in the cement industry, provoking a change in the regulatory environment, which presented the relevant state bodies with the task of developing new approaches to the management of the state's economic processes, in particular in the area of cement production and circulation. Thus, a system of normative legal acts appeared in Ukraine aimed at regulating relations in the cement industry during martial law. Problematic issues related to the fulfillment of the obligations of Ukrainian enterprises regarding the introduction of the environmental duty in Ukraine and the control of CO₂ emissions are also being investigated. Also a problematic issue is the control of qualitative and quantitative characteristics of cement and cement products that are produced from it and directed to meet state needs, possible supply risks, ways to avoid such cases and improve legislation in this area.

Keywords : administrative and legal regulation, cement, cement industry, martial law, fortifications, construction, reconstruction, infrastructure, legislation, cement production, cement circulation

References:

1. On the introduction of martial law in Ukraine: Decree of the President of Ukraine No. 64/2022 of February 24, 2022. URL: https://ukc.gov.ua/knowdledge/voyennyj-stan/ (in Ukrainian).

2. Avdieienko V. Everything for the front: the wartime economy has started working in Ukraine. URL: https://apostrophe.ua/ua/article/economy/2022-03-12/vse-dlya-fronta-v-ukraine-zarabotala-ekonomika-voennogo-vremeni/44763 (in Ukrainian).

3. Andrushchenko L.V. Regulatory and legal support of economic activity in the conditions of the introduction of the martial law regime. Public law. 2022. No. 4 (48). pp. 54-59. https://www.publichne-pravo.com.ua/files/48/4.pdf (in Ukrainian).

4. Hontareva I.V., Yevtushenko V.A., Mykhaylenko D.H. Peculiarities of the development of entrepreneurship in the conditions of military operations and post-war reconstruction of Ukraine. Problems of modern transformations. Series: Economics and Management. 2023. No. 7. URL: https://doi.org/10.54929/2786-5738-2023-7-03-04 (in Ukrainian).

5. Hryhorchuk M.V., Zverichenko M.O. Legal grounds for entrepreneurial activity. Legal Bulletin. 2024. No. 11. pp. 64-71. URL: https://doi.org/10.31732/2708-339X-2024-11-A9 (in Ukrainian).

6. Dykan V., Frolova N. Directions and instruments of state support for the development of small and medium-sized businesses in Ukraine during wartime. Economy and society. 2022. No. 38. URL: https://doi.org/10.32782/2524-0072/2022-38-56 (in Ukrainian).

7. Zhosan H., Khirsa I. Peculiarities of entrepreneurial activity under martial law. Taurian Scientific Herald. Series: Economics. 2022. No. 14. pp. 26-31. URL: https://doi.org/10.32782/2708-0366/2022.14.3 (in Ukrainian).

8. Levchynskyi D., Stupniker H., Kashyrnikova I., Zozulia N. Entrepreneurship of Ukraine under martial law. Economic space. 2022. No. 181. pp. 110-114. URL: https://doi.org/10.32782/2224-6282/181-19 (in Ukrainian).

9. Namliieva N. Peculiarities of entrepreneurial activity in the conditions of martial law in Ukraine. Sustainable economic development. 2023. No. 2 (47). pp. 150-157. URL: https://doi.org/10.32782/2308-1988/2023-47-22 (in Ukrainian).

10. Skrynkovskyi R. Modern trends in the development of foreign economic activity of Ukraine in the conditions of war. The trajectory of science. 2022. pp. 1001–1008. (in Ukrainian).

11. Skrypnyk S.V. et al. Peculiarities of regulation of foreign economic activity in the conditions of martial law. Economy and society. 2022. No. 38. URL: https://doi.org/10.32782/2524-0072/2022-38-47 (in Ukrainian).

12. Shmyhal D. Press conference 03/4/2024. URL: https://suspilne.media/697970-z-pocatku-roku-na-budivnictvo-fortifikacijnih-sporud-vidileno-20-mlrd-griven-smigal/ (in Ukrainian).

13. Sytnyk T. Cement: opportunities and challenges. Round table from 19.12.2023 URL: https://budport.com.ua/news/27971-pro-scho-govorili-pid-chas-kruglogo-stolu-cement-mozhlivosti-ta-vikliki-dlya-virobnikiv-i-spozhivachiv (in Ukrainian).

14. Kripka L. High-quality cement for the reconstruction of Ukraine. Interfax-Ukraine dated April 18, 2024. URL: https://interfax.com.ua/news/blog/981290.html (in Ukrainian).

Download paper